Wiping my behind with anti-spoliation letters

Posted Friday, October 22nd, 2021 by Gregory Forman
Filed under Law Practice Management, Not South Carolina Specific, Of Interest to Family Law Attorneys

How did the proclivity for anti-spoliation letters emerge? Such letters inform opposing parties or counsel not to destroy or dispose of evidence and make varying

An odd place to address pet custody

Posted Wednesday, October 13th, 2021 by Gregory Forman
Filed under Equitable Distribution/Property Division, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

As it currently stands, South Carolina property law does not distinguish pets from livestock–or even inanimate objects. While everyone expects the South Carolina legislature to

Court of Appeals addresses parties’ efforts in its alimony and equitable distribution determination

Posted Thursday, September 30th, 2021 by Gregory Forman
Filed under Alimony/Spousal Support, Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The August 18, 2021, Court of Appeals opinion in Jordan v. Postell addresses common issues of equitable distribution and alimony by focusing on Wife’s hard

In apparently close decision, Supreme Court reinstates termination of parental rights/adoption

Posted Sunday, September 26th, 2021 by Gregory Forman
Filed under Adoption/Termination of Parental Rights, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

On September 22, 2021, a unanimous South Carolina Supreme Court reversed the Court of Appeals and reinstated a family court’s granting of a termination of

Court of Appeals refuses to reduce Husband’s alimony obligation despite Wife’s greatly increased earnings

Posted Sunday, September 12th, 2021 by Gregory Forman
Filed under Alimony/Spousal Support, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The August 18, 2021, Court of Appeals opinion in Weller v. Weller finds that court affirming the family court’s refusal to reduce Husband’s alimony despite

Surprising few, Supreme Court holds that child issues cannot be arbitrated

Posted Friday, September 10th, 2021 by Gregory Forman
Filed under Family Court Procedure, Mediation/Alternative Dispute Resolution, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

In Fall 2019, the South Carolina Court of Appeals issued two separate opinions holding that child issues could not be arbitrated: Kosciusko v. Parham, 428

South Carolina’s unjust approach to unvested stock options

Posted Tuesday, July 27th, 2021 by Gregory Forman
Filed under Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

A few days ago a colleague called me to discuss an issue he was mediating, specifically how to apportion unvested stock options. This made me

Court of Appeals opinion unwittingly exposes serious flaws in South Carolina’s Family Court Rules

Posted Monday, July 26th, 2021 by Gregory Forman
Filed under Child Custody, Contempt/Enforcement of Orders, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The July 7, 2021, Court of Appeals opinion in Taylor v. Taylor unwittingly exposes serious flaws in South Carolina’s Family Court Rules–specifically the notice provision

Does the ten-day notice requirement in South Carolina Family Court Rule 14(d) violate procedural due process?

Posted Thursday, July 8th, 2021 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Family Court Procedure, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

I have little doubt that, if raised in the proper case, the ten-day notice requirement in South Carolina Family Court Rule 14(d) will be held

DSS safety plans don’t override custody/visitation orders

Posted Monday, July 5th, 2021 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Miscellaneous, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific, Visitation

I typically don’t blog about unpublished opinions. Since they cannot be used as precedent, their holdings are unreliable guidance. Still, when the Court of Appeals

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